Special Education Update Brownsville Independent School District Special Services Department

TBSI: Senate Bill 1196

Facts About SB 1196 Regulations in response to a state law passed in 2001 Involves time-out, restraint, and seclusion of students Affects special education students only Based on the premise that no discipline management practice may be done to inflict injury, cause harm, demean, or deprive the student of basic human necessities Cumulative data regarding restraints must be reported to TEA through PEIMS

Key Defenitions Emergency Seclusion Time-Out Restraint

Emergency Emergency-situations in which student’s behavior poses a threat of imminent and serious physical harm to self or to others or imminent and serious property destruction. 19 TAC (b)(1)-(2) Examples:  Use of a sharp object as a weapon  An assault on another person  Running into the street as a way of escape

Seclusion “Seclusion” is a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that ◦ is designed solely to seclude a person and ◦ contains less that 50 square feet of space TEC (b)(2) A district employee, volunteer, or an independent contractor of a district MAY NOT place a student in seclusion. TEC (c)

Time-Out A behavior management technique in which to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting: ◦ That is not locked; and ◦ From which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object 19 TAC (b)(3)

Time-Out A school employee, volunteer, or independent contractor may use time-out with the following limitations: ◦ Physical force or threat of physical force shall not be used to place a student in time-out. ◦ Time-out must be used only in conjunction with an array of positive behavior intervention strategies and techniques and must be included in the student’s IEP and/or BIP if it is utilized on recurrent basis to increase or decrease targeted behavior. ◦ Use of time-out shall not be implemented in a fashion that precludes the ability of the student to be involved or progress in the general curriculum and advance appropriately towards attaining the annual goals specified in the student’s IEP. 19 TAC (g)

Exceptions to Time-Out Emergency situation while waiting for law enforcement personnel if: student possesses a weapon: confinement is necessary to prevent the student from causing bodily harm to self or another person.

Restraint The use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student’s body. TEC (b)

Restraint Training Requirements Each campus is required to have a CORE TEAM which includes a campus administrator or designee and any regular and/or special education staff who are likely to be involved in the use of restraint Any staff member who uses restraint in an emergency who is not trained must receive training within 30 school days following the incident (BISD currently uses CPI)

Legal Requirements Use of Restraint Restraint should only be used in emergency situation Physical harm Property destruction Restraint must be discontinued when the emergency no longer exists Health and safety of the student must be protected at all times during restraint Requires documentation and notification

Documentation related to restraint Campus administrator or designee must be verbally notified the day of the restraint Written documentation of the restraint must be placed in the student’s SPED eligibility folder within one school day of the incident Appropriate PEIMS restraint documentation must be completed and submitted to the appropriate campus administrator On the day of the restraint an attempt must be made to verbally notify parents

Documentation related to restraint Parents must be provided written notification of the restraint within one school day of the incident. Notification must include (refer to special services restraint forms): Name of student and name of staff restraining student Date and time restraint began and ended Location of the restraint Description of the activity which preceded the use of restraint Behavior which prompted restraint Efforts made to de-escalate the situation and alternatives to restraint that were attempted Information documenting parent contact and notification

What does that mean to me as a general education teacher? Know who your special education students are Coordinate with the students’ special education case manager Be aware of the students’ disability and how it impacts the students’ learning and/or behavior. Familiarize yourself with the students’ Individual Education Plan (IEP) Implement the students’ accommodations and/or modifications Review the students’ FBA (if applicable) Follow the students’ BIP (if applicable)

FERPA Family Educational Rights and Privacy Act ◦ The intent of the act is to protect the rights of students and to insure the privacy and accuracy of education records.

Summary Time-Out is a viable option but must follow the guidelines as set forth by SB 1196 Restraint should be used as a last resort Individuals using restraint must be trained FERPA

Questions Further Questions on SB 1196 can be addressed to Campus Administration, Special Education Staff, or Campus Special Education Supervisor